How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask UK Solicitor John Your Own Question
UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 305
Experience:  8 years legal experience
106125879
Type Your Law Question Here...
UK Solicitor John is online now

I got 6 points on my licence for using a mobile phone whilst

This answer was rated:

I got 6 points on my licence for using a mobile phone whilst driving. I'm a class 1 driver and i could get any work. So i aksed if i could appeal my case and get my 6 points removed. Solicitors patterson Law said yes i could. I could try and get a 1 weeks ban instead. So i paid patterson law £960 to appeal my case. On Thursday i lost my case.Since then i've been to speak to 2 other solicitors and they both said as of March 2017 the only penalty i could get for using the mobile phone was 6 points, there is no other penalty.Had i been given the correct advice in the first place i would not of paid £960 and not appealed my case.I'm not sure if i can claim for money lost had i won the case. If i was working again i would be earning £800. i'm not sure if i can claim for that as well

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

can you explain the circumstances you come to be using your phone and how you were stopped?

 

Customer: replied 6 days ago.
i was driving along the motorway. There was no accidents. no road works and no crashes. the motorway was completely clear. I got a phone call and because the motorway was clear i answered the phone. I told my daughter to ring me back in 30 minutes when i will be stopped. So i was on the phone for 4 seconds.

But somehow the police got a photo of me using the phone.

I got a letter accusing me of the offence so i said i need to see photos. They gave me a link. Now the photo was not clear at all, but you can see it was me. i'm a big man who is bald. And obviously i was the one driving that lorry.

ok, Are you asking if you have a defence?

Customer: replied 6 days ago.
no. I phoned up a solicitor Patterson Law to see if i could get the 6 points off my licence. was there a legal way i could do this. They said yes. If i appealed the case under hardship i have a 1 weeks driving ban instead. They told me i had to pay £960 so they could represent me. I went to court and appealed under hardship and i lost the case.

I went to see 2 other solicitors the next day to get their advice and opinion, they both said as of March 2017 the only penalty for using a mobile phone whilst driving is 6 points.

Had i known this i would not of paid £960 and not appealed.

I need to know can i sue Patterson Law for Professional Negligence. The advice they gave me was wrong. Also i'm not sure if i can claim for the money i'm losing now that i'm not working. had i won the court case i would be earning £800 a week.

Hello I have been asked to take a look at this for you.

 

I’m sorry you were given incorrect advice. It used to be 3 points but new legislation since 1st March 2017 has seen it double to 6 points and a £200 fine. It is a strict interpretation of the law and there’s as such no leniency, so replacing the points for a 1 week ban was never going to happen. With this in mind, you will not be able to claim for what you would have earned income wise because the outcome of your situation would have been the same, and unfortunately, it is the correct decision if we apply the law.


However, yes Patterson Law have misguided you and you could have saved £960 therefore you would have a claim for professional negligence on the basis that they didn’t perform to the standards required in giving correct advice and as a result you have suffered financial loss.

 

Your next steps is to contact a professional negligence solicitor to look into this matter for you for a claim against Patterson Law. But before hand, you should raise a complaint against them in line with their internal procedures. This would have been explained to you when you instructed them. So raise a complaint to their Compliance Officers For Legal Practice (COLP) who will look into the matter for you.

 

I hope you have found my answer useful. I would be grateful for a positive rating by clicking the stars above. Kind regards, John.

UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 305
Experience: 8 years legal experience
UK Solicitor John and other Law Specialists are ready to help you
Customer: replied 6 days ago.
Hello. I'm in discussions with Patterson law about this. I have told them i'm willing to take them to court. They clearly know they gave me the wrong advice but i fear because they are lawyers and barristers they will try and find a way out of it.

I have a Professional negligence letter here right now. in the paragraph starting i therefore request i'm not sure what name i put in on the second line.

I'm not sure if i should just give this directly to them or try and look for a no fee no win solicitor. I'm unemployed right now so i have no money
Customer: replied 6 days ago.
i've given you 5 stars :)